5-7-4 Abusive Sexual Contact

Any person who knowingly engages in or causes sexual contact with or by another person-

1. by using force against that other person;
2. by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
3. when the other person is incapable of consent because of physical or mental incapacity;
4. when the other person is incapable of consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis;
5. when the other person has not attained the age of twelve (12) years;
6. when the other person has attained the age of 12 years but has not attained the age of sixteen (16) years and is at least four (4) years younger than the person so engaging;
7. if the person so engaging engages in a sexual act with a person, that the actor knows to be related to the actor by marriage, blood or adoption, to include a hunka or traditional adoption ceremony, either legitimately or illegitimately, as an ancestor, descendant, brother, sister, aunt, uncle, nephew, niece or first cousin, while such relationship exists;
8. if the other person is in custody of law enforcement or detained by corrections, or in a hospital or other institution and the actor has custodial, supervisory, or disciplinary authority over him or her;
9. if the person so engaging is a psychotherapist and the other person is the psychotherapist’s patient, regardless of consent by the patient
   

is guilty of abusive sexual contact.

Abusive Sexual Contact is a Class A crime.